United States v. Cunningham

Case: 23-10751 Document: 41-1 Page: 1 Date Filed: 03/11/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 23-10751 March 11, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Xavier Dewayne Cunningham,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:22-CR-101-1 ______________________________

Before Higginbotham, Stewart, and Southwick, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Xavier Dewayne Cunningham has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Cunningham has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record Case: 23-10751 Document: 41-1 Page: 2 Date Filed: 03/11/2024

No. 23-10751 reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to file a supplemental Anders brief is DENIED, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.